Asked by Jamie PARKER on Jun 07, 2024
Verified
Jill voluntarily uses Joe's lawn mower,even though Joe had told her that his mower frequently fails and can even cause accidents.In case of an accident,Joe has the defense of:
A) contributory negligence.
B) assumption of risk.
C) comparative negligence.
D) comparative fault.
Assumption of Risk
A legal principle where an individual acknowledges and accepts the potential risks involved in an activity, which may limit their rights to claim damages in the event of injury.
Contributory Negligence
A legal doctrine that can bar or reduce a plaintiff's right to recovery if the plaintiff's own negligence contributed to the harm suffered.
Comparative Fault
A legal principle that reduces the claimant's damages award based on the percentage of their fault in contributing to their own harm.
- Comprehend the principles of contributory negligence, comparative negligence, and assumption of risk, along with their influence on determining liability and damages.
- Identify legal concepts and defensive strategies relevant in negligence proceedings, covering res ipsa loquitur, the assumption of risk, and exculpatory agreements.
Verified Answer
PP
Priya PatelJun 08, 2024
Final Answer :
B
Explanation :
Assumption of risk is the plaintiff's voluntary consent to a known danger.Voluntariness means that the plaintiff accepted the risk of her own free will;knowledge means that the plaintiff was aware of the nature and extent of the risk.
Learning Objectives
- Comprehend the principles of contributory negligence, comparative negligence, and assumption of risk, along with their influence on determining liability and damages.
- Identify legal concepts and defensive strategies relevant in negligence proceedings, covering res ipsa loquitur, the assumption of risk, and exculpatory agreements.